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Tuesday 26 November 2019

Continued from Front vening to stop the Galla- not in good conscience
Gallagher was acquitted gher review. "The president follow an order that he be-
of murder in the stabbing is the commander in chief. lieved would undermine
death of an Islamic State He has every right, author- the principle of good order
militant captive but con- ity and privilege to do what and discipline in the military
victed by a military jury he wants to do." — suggesting he had been
of posing with the corpse In yet another twist to the ordered to stop the peer-
while in Iraq in 2017. Gallagher saga, Esper also review process for Galla-
Esper initially favored allow- made an extraordinary ac- gher.
ing the Navy to proceed cusation against Spencer. Trump began to get in-
with a peer-review board Esper said Spencer had volved in the Gallagher
which could have resulted gone behind his back last case in the spring after
in Gallagher losing his SEAL week to propose a secret Bernard Kerik, a former
status, but he said he was deal with the White House business partner to his per-
obliged to follow Trump's in which Spencer would fix sonal lawyer Rudy Giuliani,
order. Still, Esper also direct- the outcome of the Gal- became an advocate for
ed the Pentagon's legal of- lagher review. Esper said the family and made ap-
fice to review how service this was a violation of the pearances in conservative
members are educated in military chain of command media. In this Saturday, Nov. 23, 2019 photo, U.S. Navy Secretary Rich-
ard Spencer fields questions at a media availability at the Hali-
the laws of armed conflict and said Spencer acknowl- The SEAL also changed his fax International Security Forum in Halifax, Nova Scotia.
and trained to wartime be- edged his misstep. defense team to include Associated Press
havioral standards. Through a Navy spokes- Marc Mukasey, a lawyer for
"I can control what I can man, Spencer declined re- the Trump real estate com- this will have on special Navy. "I think what I'm doing
control," Esper told report- quests for comment on Es- pany. forces' willingness to report is sticking up for our armed
ers when asked whether per's allegation. However, The president has tweeted when they see illegal be- forces," he said Monday.
Trump sent the right mes- in a resignation letter Sun- in support of Gallagher, havior," James Stavridis, a "There's never been a presi-
sage to U.S. troops by inter- day he had said he could praising the sailor's service retired Navy admiral, said dent who is going to stick
and saying the case was in an email to The Associ- up for them and has like I
"handled very badly from ated Press. "That is tragic have."
the beginning." because in the end what Last week Trump tweeted
Earlier this month, Trump separates us from our op- that Gallagher must be al-
restored Gallagher's rank, ponents on the battlefield lowed to retire as a SEAL,
which had been reduced is our willingness to follow regardless of the Navy's in-
in his military jury convic- the rule of law." tention to review his stand-
tion. Sen. Jack Reed, the ranking ing in the elite force. Es-
Trump also pardoned two Democrat on the Senate per's comments Monday
soldiers — a former Army Armed Services Committee revealed that on Sunday
special forces soldier set and an Army veteran, ac- Trump had given the de-
to stand trial next year in cused Trump of "inappro- fense secretary a direct or-
the killing of a suspected priate involvement" in the der to make this happen.
Afghan bombmaker in military justice system. Even before receiving that
2010 and an Army officer "The White House's handling order, however, Esper had
who had been convicted of this matter erodes the decided the Gallagher pro-
of murder for ordering his basic command structure cess should be stopped. He
soldiers to fire on three of the military and the ba- said his rationale was that,
unarmed Afghan men in sic function of the Uniform "given the events of the last
2012, killing two. Code of Military Justice," few days," it was no longer
Beyond the Spencer fir- Reed said. possible for Gallagher to
ing, the Gallagher case Carl Tobias, a law profes- get a fair shake.
has raised questions about sor at the University of Rich- "As professional as they
the appropriate role of a mond School of Law, said are," he said of the Navy re-
U.S. president in matters of Trump's action undercut view board members, "no
military justice. Esper said the military. matter what they would
Trump had a constitutional "We want to be a standard decide, they would be
right to intervene, but oth- for the world in terms of rule criticized from many sides,
ers worry that such actions of law," he said. "I'm con- which would further drag
undermine the credibility cerned that it undermines this issue on, dividing the
of American claims to be a our own military; it under- institution. I want the SEALs
leader in ethical and lawful mines our standing in the and the Navy to move
behavior on the battlefield. world." beyond this now, fully fo-
"What concerns me the Trump has said Gallagher cused on their warfighting
most is the chilling effect was treated unfairly by the mission."q